A manufacturer's duty of care extends to providing installation instructions that, if followed, ensure safe operation, and inadequate instructions can constitute both negligence and a 'defect' under ss 75AC and 75AD of the Trade Practices Act 1974 (Cth). A professional installer owes a higher duty of care than a layperson and must either recognise inadequacies in manufacturer instructions or seek clarification; failure to do so constitutes negligence even where the instructions themselves are deficient. Where both manufacturer and installer are negligent, liability is several and apportionable. A plaintiff who succeeds on alternative claims in negligence and under the Trade Practices Act must elect between remedies no later than the time of seeking final judgment.
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